To: Planning Commission
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
South Fork River Ranch, LLC, Conditional Use Permit and Special Permits
Record Number: PLN-13164-CUP (filed 12/30/2016)
Assessor Parcel Numbers (APN) 524-114-005
Willow Creek area
A Conditional Use Permit for 18,200 square feet (SF) of existing outdoor cannabis cultivation and 1,600 SF of ancillary propagation. Water for irrigation is sourced from rainwater catchment supplemented by a point of diversion. Existing available water storage is 113,800 gallons stored in a 100,000-gallon rainwater catchment pond and a series of hard-sided water tanks, with an additional 65,000 gallons of storage proposed in tanks, for a total of 178,800 gallons of onsite water storage. Estimated annual water usage is 169,329 gallons. Drying and curing occurs onsite, with all other processing occurring off-site at a licensed processing or manufacturing facility. Electricity is sourced from generator power. Special Permits are also requested for continued use and maintenance of the point of diversion infrastructure and for a reduction to the 600-foot setback to adjacent public lands.
end
RECOMMENDATION(S):
Recommendation
That the Planning Commission:
1. Describe the application as part of the Consent Agenda
2. Survey the audience for any person who would like to discuss the application.
3. If no one requests discussion, make the following motion to approve the application as part of the Consent Agenda; and
4. Adopt the resolution (Resolution 22-__). (Attachment 1) which does the following:
a. Finds that the Planning Commission has considered the Addendum to the Mitigated Negative Declaration for the Commercial Cannabis Land Use Ordinance that was prepared for South Fork River Ranch, LLC; and
b. Finds that the proposed project complies with the General Plan and Zoning Ordinance; and
c. Approves the South Fork River Ranch, LLC, Conditional Use Permit and Special Permits subject to the recommended conditions of approval (Attachment 1A)
Body
DISCUSSION:
Project Location: The project is located in the Willow Creek area, on the south side of Friday Ridge Road, approximately 1 mile west from the intersection of State Highway 299 and Friday Ridge Road, and approximately 5 miles southwest from the intersection of Friday Ridge Road and a private drive on the property known to be in Section 35 of Township 06 North, Range 05 East, H.B.&M.
Access: The subject property is accessed off U.S. Forest Service (USFS) roads, including Road 6N06 and Road 6N06R from Friday Ridge Road (County Road #8L100). Friday Ridge Road (is a paved road used to access Forest Service land and has been identified as a County-maintained road that meets (or is equivalent to) a road Category 4 standard for cannabis projects by the Department of Public Works, Land Use Division. USFS Road 6N06R (access road to subject parcel) is a dirt/gravel road that is accessed from USFS Road 6N06. A Road Evaluation Report was prepared by Omsberg and Preston dated July 23, 2019 (Attachment 3), which includes a detailed review of the USFS service roads to access the property. In addition, the applicant submitted separate Road Evaluation Report forms for a 6.0-mile segment of USFS Road 6N06, from Ridge Road (County Road #8L100) to USFS Road 6N06, and for a 1.7-mile segment of USFS Road 6N06R, from USFS Road 6N06 to USFS Road 6N06R, dated October 2022 (Attachment 3), which indicate the roadways are maintained by the USFS and are developed to the equivalent of a road Category 4 standard.
The 2019 Road Evaluation Report indicates the USFS roads will be equivalent to Road Category 4, given the recommendations included in the Report are implemented. The Report notes the existing rolling dips on Road 6N06R are not functioning as intended, causing minor erosion on the roadway, and improvements were recommended. Additionally, the Report notes that along USFS Road 6N06R is not adequate for site distance and recommends vegetation maintenance. The project is conditioned to implement all remaining corrective actions detailed in the Road Evaluation Report (Condition of Approval B.2). An informational note was added regarding the use of federal roads to transport cannabis and notifies the applicant that approval of this permit does not authorize transportation of cannabis across Federal lands (Informational Note #4).
The project was referred to the Department of Public Works, Land Use Division, in December 2017 and March 2019. Per comments received from Public Works in August 2018, it was noted that a Road Evaluation Report was required for the project, but that no re-refer was required. As discussed above, Road Evaluation Reports were prepared for the project in July 2019 and October 2022.
Present Plan Land Use Designation: Timberland (T); Density: 40-160 acres per unit; Slope Stability: Moderate Instability (2).
Present Zoning: Timberland Production Zone (TPZ)
Environmental Review: An Addendum to a previously adopted Mitigated Negative Declaration has been prepared for consideration per §15164 of the State CEQA Guidelines.
State Appeal Status: Project is NOT appealable to the California Coastal Commission.
Major Issues: None.
Executive Summary: South Fork River Ranch, LLC, seeks a Conditional Use Permit for continued cultivation of 18,200 square feet (SF) of outdoor cannabis using light deprivation and full sun techniques, along with 1,600 SF of ancillary propagation, in accordance with Humboldt County Code 314-55.4 of Chapter 4 of Division 1 Title III, Commercial Medical Marijuana Land Use Ordinance (CMMLUO). Special Permits are also requested for continued use and maintenance of point of diversion infrastructure and for a reduction to the required 600-foot from adjacent public lands. The site is designated as Timberland (T) in the Humboldt County 2017 General Plan Update and zoned Timberland Production Zone (TPZ). Cultivation activities occur in one general location near the southern end of the property, and includes eight (8) greenhouse structures utilizing light deprivation techniques (totaling 12,708 SF), fourteen (14) full-sun outdoor beds (totaling 3,713 SF). Ancillary propagation occurs within a separate 1,600 SF greenhouse. Two (2) harvests are anticipated annually for the light deprivation greenhouses and one (1) harvest for the full-sun outdoor cultivation for a growing season that extends from March through November.
Drying and curing occurs onsite in two (2) existing 1,250-square-foot sheds, with all other processing occurring off-site at a licensed processing or manufacturing facility. A maximum of two (2) people would be on-site during peak operations. A maximum of two (2) people may be onsite during peak operations. The operation is secured behind a locked gate.
As described in the Cultivation and Operations Plan (Attachment 3), power is provided by a 20-kilowatt (kW) generator. Conditions of approval require the applicant to submit an energy use plan that describes the power demand for the project that includes a description of what power is required for (e.g., propagation, cultivation, and processing) and how much power is required on a monthly and annual basis. The energy plan shall also include a description of the generator(s) used to meet the power demand and state how the size of the generator is reasonable based on the power demand. The generator(s) used to support operations shall not be larger than required to meet operational needs. The plan shall also describe how the operation will transition to use of 80% renewable energy (e.g., solar, wind, and/or hydropower) sources by the end of 2026 (Condition of Approval A.8).
Timber Conversion: A Timber Conversion Evaluation Report was prepared by Timberland Resource Consultants (TRC) in September 2018 (Attachment 3) to assess whether timberland conversion occurred onsite and provide recommendations, as necessary, to bring the site into compliance with the California Forest Practice Act and the California Forest Practice Rules. Per the Report, a review of aerial imagery shows the site contains historic skid roads, and that timber harvesting at the subject site likely occurred in the late 1960s to early 1970s, with no commercial timber harvesting documented by CALFIRE on the property in the past 25 years. During review of the site in September 2018, TRC observed approximately 1.60 acres of unauthorized timberland conversion for cultivation-related purposes on the subject property, as provided in the table below:
Table 1. Observed Timberland Conversion Areas
|
Cultivation Sites/Associated Area |
Conversion Date |
Total Acreage |
|
Cultivation Site |
2012-2018 |
1.20 |
|
Pond |
2012-2016 |
0.32 |
|
Drying Structure |
2012-2014 |
0.03 |
|
Storage Shed |
2014-2016 |
0.03 |
|
Water Storage Area |
2012-2018 |
0.01 |
|
Generator& Fuels Storage Structure |
2014-2016 |
0.01 |
|
|
Total |
1.60 |
A Less Than Three Acre Exemption (1-12EX-249-HUM) was prepared for the project by TRC for the previous land owner for the conversion of 0.6 acres to allow for new road construction and documented previous conversion activities that had occurred in 2009-2010 in the southern portion of the property.
Cultivation activities on the subject site are noted to occur within a 1.70-acre area located on the southern portion of the parcel, in which a portion occupies a historic log landing. From 2009 to 2010, approximately 0.50 acres of the cultivation area was converted and permitted under 1-12EX-249-HUM. Between 2012 and 2018, an additional 1.20 acres of timberland was cleared within the cultivation area. Since the 0.50-acre conversion was performed under an issued Less-Than-Three-Acre Conversion Exemption (1-12EX0249-HUM), only the additional 1.20 acres converted at the cultivation site is included in this analysis. The 100,000-gallon pond installation occurred within a 0.32-acre area located in the northeastern portion of the parcel. Based on aerial imagery, the pond location is partially located within a historic log landing and was cleared in 2015. A 0.03-acre area was cleared for the installation of the drying structure between 2012 to 2014, and another 0.03-acre area within the southern central portion of the parcel, which houses the materials storage shed, was cleared between 2014 and 2016. The water storage area (0.01-acre) located in the southern central portion of the parcel area was cleared for installation of the hard plastic storage tanks for water storage, and was not the location of a historic log landing. From aerial imagery is unclear the exact years but it is likely to be installed with the construction of the drying structure or drying shed between 2012 to 2018. The generator and fuel storage area (0.01-acre) located in the southern central portion of the parcel was cleared between 2014 to 2016. The total acreage cleared from timber production to cannabis cultivation is 1.60 acres, which does not exceed the three-acre conversion exemption maximum. The Report concludes the conversion activities conducted on the subject property requires improvements to comply with the standards set forth in the California Forest Practice Act and the California Forest Practice Rules, and recommends treatment of the slash piles and woody debris observed onsite (along the western and eastern edges of the cultivation site, the northern edge of the pond, and the eastern edge of the water storage area) using one of the following methods: burying, chipping and spreading, piling and burning, or removal from the site. The project is conditioned to implement any remaining corrective actions identified in the Timber Conversion Evaluation Report (Condition of Approval A.12). No additional tree removal is proposed or authorized by this permit.
Furthermore, the project is conditioned to require the property be evaluated by a Registered Professional Forester (RPF) to determine the amount of timber conversion that occurred prior to and after the CMMLUO baseline date of January 1, 2016, and submit a Timber Conversion Report prepared by a RPF, to address previously unpermitted timber conversion. The applicant/owner will be responsible for mitigating the environmental impacts not analyzed in the environmental document prepared for the CMMLUO. The applicant/owner shall be required to re-stock an area onsite equivalent to the amount of area converted after the CMMLUO baseline date at a rate of 3:1. Additionally, the project is conditioned to require preparation of a Restocking Plan within 90 days of project approval and implement the Restocking Plan within a period of two (2) years, should any timber conversion be determined to have occurred after the CMMLUO baseline date. The Restocking Plan shall include details on the locations and total areas to be restocked, the type, number, and spacing of the plantings, and a monitoring plan for three (3) years which includes performance evaluations, performance standards, and contingency measures should performance standards not be met. The Report shall include monitoring and reporting requiring a minimum of 3 years of monitoring at an 85% success rate and submission of annual monitoring reports at the time of the annual inspection (Condition of Approval A.13).
Water Resources
Estimated annual water usage is 169,329 gallons (9.30 gal/SF) with peak demand occurring in July at approximately 28,718 gallons, as shown in the table below:
Table 2. Estimated Monthly Water Usage (in gallons)
|
Jan |
Feb |
March |
April |
May |
June |
July |
Aug |
Sept |
Oct |
Nov |
Dec |
|
0 |
0 |
0 |
23,543 |
23,543 |
26,624 |
28,718 |
25,414 |
25,414 |
15,400 |
0 |
0 |
Total: 169,329 gallons
Water for irrigation is provided by an approximately 100,000-gallon rainwater catchment pond and supplemented by a point of diversion. Based on TerraServer aerial imagery, the pond was constructed in 2015 on an old log landing, with adjoining hillslopes of 3%, as per the Site Management Plan (described below; Attachment 3). Existing available water storage is 113,800 gallons in the pond and six (6) hard-sided tanks. Thirteen (13) additional water storage tanks (5,000-gallons each, for a total of 65,000 gallons) are proposed onsite, for a total of 178,800 gallons of onsite water storage. The applicant is required to install the additional water storage and demonstrate the tanks are filled prior to the 2023 cultivation season to ensure there is sufficient water storage to meet the annual water demand. If the storage is not installed prior cultivating in 2023, the applicant shall reduce the cultivation area by 5,971 SF until the additional water storage is installed, which is the amount of cultivation that can be supported by the current water storage amount (113,800 gallons) and average water usage (9.30 gal/SF) (Condition of Approval A.9).
The applicant also seeks a Special Permit for continued use and maintenance of the point of diversion. A Right to Divert and Use Water was issued by the State Water Resources Control Board (SWRCB) in June 2020 (Certificate No. H100681, Registration No. H509451; Attachment 3) for irrigation and fire protection use. The Right to Divert limits the amount of diversion to 0.25 acre-feet per year (or 81,463 gallons) between November 1st through March 31st only. The total storage capacity shall not exceed 0.416889 acre-feet (or 135,844 gallons). Additionally, the rate of diversion and diversion to storage shall not exceed 42,000 gallons per day (gpd) or the diversion rate specified in the current version of the State Water Board’s Cannabis Policy, whichever is more restrictive. As noted above, there is currently 113,800 gallons of onsite storage, with 100,000 gallons within the rainwater catchment pond and 13,800 gallons in hard-sided tanks. Once the additional water storage tanks are added onsite, there will be a total of 78,800 gallons within hard-sided tanks, which does not exceed the storage amount permitted under the Right to Divert.
Additionally, a Final Streambed Alteration Agreement (SAA; Notification No. 21600-2020-0132-R1) was issued by the California Department of Fish and Wildlife (CDFW) in August 2020 (Attachment 3) for a total of four (4) encroachments, including: a point of diversion for domestic use and irrigation from an unnamed tributary to the South Fork Trinity River, and three (3) encroachments to install culverts or rocked fords at road/stream crossings. Associated work includes modification (specifically, relocation of the POD to above a culvert), use, and maintenance of the water diversion infrastructure, and excavation, installation of culverts or construction of rocked fords, backfilling and compaction of fill, and rock armoring as necessary to minimize erosion. The project is conditioned to implement all terms and conditions of the Final SAA (Condition of Approval A.15). By adhering to the terms and conditions of the Final SAA, which limits the diversion amount and duration in addition to the specifying the use of intake structures that will not impact aquatic species, Planning staff determined that impacts to the watershed are minimized allowing the use of point diversion pursuant to a Special Permit. Conditions of approval also require the applicant to monitor water use from the rainwater catchment pond, point of diversion, and water storage tanks annually to demonstrate there is sufficient water available to meet operational needs (Condition of Approval A.23).
As shown on Web GIS and the Site Plan with respective Streamside Management Area (SMA) buffer, the South Fork Trinity River (Class I) traverses the northeastern portion of the property. In addition, as depicted on the Site Plan but not Web GIS, a Class II drainage also traverses the southwestern portion of the site, near the cultivation area, in addition to a small unnamed watercourse near the center of the property, on either side of the existing access road. However, as shown on the Site Plan, all cultivation and related infrastructure is located outside of the required SMA buffers.
A Site Management Plan (SMP; WDID 1_12CC417933) was prepared by Timberland Resource Consultants (TRC) in August 2019 (Attachment 3) in compliance with the SWRCB Cannabis Policy and General Order. The SMP assesses whether the project is implementing all required Best Practicable Treatment or Control (BPTC) measures. The SMP includes a list of seven (7) items requiring improvements in order to bring the site into compliance, including but not limited to adding additional rock to road surfaces, rolling dip improvements, and adding additional drainage features. The project is conditioned to implement all remaining corrective actions detailed in the SMP (Condition of Approval A.11).
A Site Erosion and Sediment Control Plan was created for the project site as part of the SMP prepared by TRC (Attachment 3), which evaluates on internal road constructed around 2013 that suffered from cutbank failures, which have been repaired at the time of the report which determined the disturbed area poses no threat to water quality.
Consistency with Humboldt County Board of Supervisors Resolution No. 18-43: Planning staff determined approval of this project is consistent with Humboldt County Board of Supervisors Resolution No. 18-43, which established a limit on the number of permits and acres which may be approved in each of the County’s Planning Watersheds. The project site is located in the South Fork Trinity Planning Watershed, which under Resolution 18-43 is limited to 86 permits and 29 acres of cultivation. With the approval of this project the total approved permits in this Planning Watershed would be 23 permits and the total approved acres would be 10.42 acres of cultivation.
Biological Resources: Per review of CDFW’s California Natural Diversity Database (CNDDB) in January 2022, there are no mapped sensitive species onsite and the nearest Northern Spotted Owl (NSO) activity center is located approximately 0.62 miles from the nearest cultivation area onsite, with the nearest positive sighting located approximately 0.24 miles away. All artificial lighting used in the nursery greenhouses will be covered with an opaque black-out tarp so that no light escapes during the night. The project will follow all applicable rules of Dark Sky Standards. Power for the operation is provided by a 20 kW generator. As previously described, conditions of approval require the applicant to submit an energy use plan that describes the power demand for the project that includes a description of what power is required for (e.g., propagation, cultivation, and processing) and how much power is required on a monthly and annual basis. The energy plan shall also include a description of the generator(s) used to meet the power demand and state how the size of the generator is reasonable based on the power demand. The generator(s) used to support operations shall not be larger than required to meet operational needs. The plan shall also describe how the operation will transition to use of 80% renewable energy (e.g., solar, wind, and/or hydropower) sources by the end of 2026 (Condition of Approval A.8).
Additional conditions of approval require the applicant to implement light and noise attenuation measures, refrain from using synthetic netting, ensure refuse is contained in wildlife proof storage, and refrain from using anticoagulant rodenticides to further protect wildlife (Conditions of Approval A.18-19, 21-22 and Ongoing Conditions of Approval B.4-9 and 10). Further, due to the on-site pond, the applicant is required to prepare and implement a Bullfrog Management Plan (Condition of Approval A.16). As proposed and conditioned, the project is consistent with CMMLUO performance standards and CDFW guidance and will not negatively impact NSO or other sensitive species.
Setback to Six Rivers National Forest: The parcels immediately adjacent to and surrounding the subject site and to the east of the site (APNs 524-114-004, 524-114-009, 524-142-003, 524-143-001, et.al.) are owned by the Six Rivers National Forest (SRNF), operated by the Lower Trinity Ranger District. Per the Site Plan, existing cultivation, at the nearest location, is located approximately 67 feet from the public lands. However, according to the Interactive Visitor Map for the SRNF, there are no trails or other facilities developed for public use located within 600 feet of any cultivation or processing area. According to the Schedule of Proposed Actions (SOPA) from 07/01/2021 to 09/30/2021, as posted online by the SRNF, there are no current plans associated with the creation of open space/public recreation in any of the SRNF parcels near the project area.
Under the CMMLUO, cultivation and processing operations require a setback of 600 feet from publicly owned lands that are managed for wildlife, open space, and recreational facilities. This setback may be reduced with a Special Permit. A Special Permit for the allowance of a setback reduction of the 600-foot buffer from SRNF is included as a part of the applicant’s request. The adjacent public land is subject to the Six Rivers National Forest Plan (SRNFP) adopted in 1995. The project is consistent with the SRNFP because the cultivation activities will minimize impacts to biological resources and wildlife through measures to reduce potential light and noise impacts. The project will not require substantial road improvements or the removal of trees. The project will also protect fisheries and aquatic habitat on forest lands by maintaining buffers from streams and by placing controls on water withdrawals and on the storage and use of pesticides and fertilizers, and will minimize risk from wildfire by adhering to the County’s Fire Safe Regulations and requiring adequate road access. The SRNFP’s provisions for heritage resource protection will be met through the project consultation with Tribal Historic Preservation Officers and avoidance of sensitive tribal cultural resources. Additionally, a Site Management Plan was developed for the project to prevent and/or address poor water quality conditions and adverse impacts to water resources associated with cannabis cultivation on private land (see “Water Resources” section below for additional discussion). Finally, the project is consistent with recreational use on public lands by maintaining a minimum 600 buffer separation from developed campgrounds and/or trails. As a result, there will not be any new erosion, wind damage, elimination of wildlife corridors, loss of scenic beauty or reduction of quality habitat for plants and animals.
The project was referred to SRNF in March 2019 for review and comment; however, no response from SRNF has been received to date. Planning staff, therefore, supports the reduction of the 600-foot setback.
Cultivation and Nursery Space: As noted above, the application is for 18,200 SF of existing outdoor cannabis using light deprivation and full sun techniques and 1,600 SF of ancillary propagation. The cultivation amount (18,200 SF) is consistent with the amount of cultivation verified by the County to be in existence prior to the CMMLUO environmental baseline date of January 1, 2016. The onsite nursery equates to approximately 10% of the total current cultivation area, which is consistent with what Planning division staff and the Planning Commission have found allowable in the past. (i.e., a nursery space of 10% of the cultivation area. However, although the parcel is over 5 acres in size, irrigation water is sourced from a non-diversionary water source, and slopes of where the cultivation and ancillary propagation is located are less than 12% as per the Site Management Plan (SMP), the subject property is zoned TPZ. As such, new cultivation could not be considered on the subject parcel, and therefore additional SF for propagation space is not supported by Planning staff. A recommended ongoing condition of approval has been included to limit the total amount of cannabis (cultivation and ancillary nursery space) onsite at any given time to a total of 18,200 SF, which is required to be limited to a maximum of 1,820 SF of ancillary propagation (or 10% of the cultivation area) (Ongoing Condition of Approval B.1), and revise the Cultivation and Operations Plan and Site Plan accordingly (Conditions of Approval A.6-7).
OTHER AGENCY INVOLVEMENT:
The project was referred to responsible agencies and all responding agencies have either responded with no comment or recommended approval or conditional approval. (Attachment 5)
ALTERNATIVES TO STAFF RECOMMENDATIONS:
1. The Planning Commission could elect not to approve the project, or to require the applicant to submit further evidence, or modify the project. If modifications may cause potentially significant impacts, additional CEQA analysis and findings may be required. These alternatives could be implemented if the Commission is unable to make all of the required findings. Planning staff has stated that the required findings in support of the proposal have been made. Consequently, Planning staff does not recommend further consideration of any alternative.
2. The Planning Commission could also decide the project may have environmental impacts that would require further environmental review pursuant to CEQA. Staff did not identify any potential impacts. As the lead agency, the Department has determined that the project is consistent with the MND for the CMMLUO as stated above. However, the Commission may reach a different conclusion. In that case, the Commission should continue the item to a future date at least two months later to give staff the time to complete further environmental review.
ATTACHMENTS:
1. Resolution
A. Conditions of Approval
B. Cultivation Operations Plan
C. Site Plan
2. Location Maps
A. Watershed Map
3. CEQA Addendum
4. Applicant’s Evidence in Support of the Required Findings
A. Site Management Plan
B. Right to Divert and Use Water Certificate
C. Notice of Applicability
D. Lake and Streambed Alteration Agreement
E. Timberland Conversion Evaluation Report
F. Road Evaluation Report by Omsberg and Preston
G. Public Works Road Evaluation Report Form
5. Referral Agency Comments and Recommendations
A. Building Inspection Division Referral Response
B. Division of Environmental Health Referral Response
C. Public Works, Land Use Division Referral Response
D. CAL FIRE Referral Response
Owner
Northern Central Valley Properties, LLC
P.O. Box 2095
McKinleyville, CA 95519
Applicant
South Fork River Ranch, LLC
P.O. Box 2095
McKinleyville, CA 95519
Agent
Green Road Consulting
1650 Central Avenue, Suite C
McKinleyville, CA, 95519
Please contact Noah Rodriguez, Assigned Planner, at 707-443-5054 or by email at rodriguezn@lacoassociates.com <mailto:rodriguezn@lacoassociates.com> if you have any questions about the scheduled public hearing item.